- 1 - HC-KAR CNR: KAHC010292632017 NC: 2026:KHC:39844 MFA No. 3547 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2026 BEFORE THE HON'BLE MRS. JUSTICE P SREE SUDHA MISCELLANEOUS FIRST APPEAL NO.3547 OF 2017(MV-I) BETWEEN: BASAVARAJNAIKA, S/O RAMANAIKA, AGED ABOUT 25 YEARS, R/O MUDUDI B TANDYA, GANDSI HOBLI, ARSIKERE TALUK - 573 103 PRESENTLY R/O BASAVARAJANAIKA, C/O CHENDREGOWDA, KITHOOR, BELUR TALUK - 573 115. …APPELLANT (BY SRI. JAGADEESH H.T., ADVOCATE) AND: 1. G.G.NAGARAJU, S/O G.P. GURUSWAMY, R/O GANDSI POST, GANDSI HOBLI, ARSIKERE TALUK - 573 103. 2. THE MANAGER (CLAIMS), BAJAJ ALLIANZ GENERAL INSURANCE CO, LTD., NO.363, SHRIHARI COMPLEX, Digitally signed by PADMASHREE SHEKHAR DESAI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010292632017 NC: 2026:KHC:39844 MFA No. 3547 of 2017 SEETHAVILAS ROAD, MYSORE - 570 001. …RESPONDENTS (BY SRI. SHARATH KUMAR G.M., ADVOCATE FOR R1; SRI.B.PRADEEP, ADVOCATE FOR R2) THIS MFA IS FILED U/S 173(1) OF MV ACT AGAINST THE JUDGMENT AND AWARD DATED 05.08.2015 PASSED IN MVC NO.67/2014 ON THE FILE OF THE SENIOR CIVIL JUDGE & MACT, BELUR, PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION. THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE P SREE SUDHA ORAL JUDGMENT This appeal is filed by the appellant-claimant against the judgment and award dated 05.08.2015 passed in MVC No.67/2014 by the Senior Civil Judge and Motor Accident Claims Tribunal, Beluru (for short 'Tribunal'), for enhancement of the compensation. 2. Heard the arguments of learned counsel for both sides. Perused the material on record. - 3 - HC-KAR CNR: KAHC010292632017 NC: 2026:KHC:39844 MFA No. 3547 of 2017 3. It is stated that injured claimant met with an accident on 25.12.2009 and filed claim petition claiming compensation of Rs.25,00,000/-. Tribunal considering the entire evidence on record, granted an amount of Rs.4,23,954/- with interest at the rate of 9% per annum from date of petition till realisation. Aggrieved by the said order, he preferred this appeal and mainly contended that petitioner sustained grievous injuries and became permanently disabled. But the Tribunal granted meagre amounts under the other heads. Therefore, requested for enhancement of the compensation. 4. The manner of accident shows that on 25.12.2009 when petitioner was travelling as a cleaner in Goods vehicle bearing No.KA-13-8509 belonging to the 1st respondent near Arasikere-Mysuru Road, the driver of the vehicle driven in a rash and negligent manner, lost control and toppled the vehicle. It was held that he was an unauthorized passenger and Insurance Company was exonerated. 5. Though petitioner stated that he was working as a cleaner and earning Rs.10,000/- per month, he has not filed any income proof. As he met with an accident in the year 2009, - 4 - HC-KAR CNR: KAHC010292632017 NC: 2026:KHC:39844 MFA No. 3547 of 2017 this Court finds that it is just and reasonable to take his notional income as Rs.5,000/- per month as per the chart prepared by Karnataka State Legal Services Authority. He was aged 22 years and the relevant multiplier is '18'. 6. He filed Ex.P2 wound certificate and also examined the Doctor as CW1. He filed Exs.C1 to C3. He is an Orthopedic Surgeon and he stated that petitioner sustained following injuries: a) T-12 compression fracture with neurological deficit (traumatic paraplegia) b) Loss of bowel and bladder sensation. The petitioner is surgically implanted with T11 and L1 corner screws. After surgery he was put on antibiotics. There was no improvement in his neurological status and he was discharged. When he was examined on 15.12.2014, the following defects were found. Pain and tenderness over the operated site Grade 10 muscle power in all muscle groups in both lower limgs. total loss of sensation in both lower limbs. Absence of bibocavernous reflex and peripheral reflexes in both lower limbs. - 5 - HC-KAR CNR: KAHC010292632017 NC: 2026:KHC:39844 MFA No. 3547 of 2017 X ray on 15.12.2014 shows T 12 Vertebral fractures have united with fusion and implant in situ. 7. The doctor assessed the permanent physical disability from spine injury as 100% to the whole body. As per the judgment of this Court reported in MFA No.103807/2016 c/w 103835/2016 between New India Assurance Company Limited v. Abdul S/O Mehaboob Tahasildar and others, as the disability is more than 20%, he is entitled for future prospects. As he was aged 22 years he is entitled for 40% towards future prospects. Loss of future earning capacity comes to Rs.15,12,000/- (5,000+40%x12x18x100%). He was admitted in the hospital for a period of two months. Considering the nature of injuries, period of hospitalization, his age and other factors, this Court finds that it is just and reasonable to grant an amount of Rs.75,000/- towards pain and suffering, Rs.50,000/- towards loss of amenities, Rs.50,000/- towards for transportation, extra nourishment and attendant charges. Tribunal granted Rs.68,354/- towards medical expenses and Rs.20,000/- towards future medical expenses and the said amounts are confirmed. - 6 - HC-KAR CNR: KAHC010292632017 NC: 2026:KHC:39844 MFA No. 3547 of 2017 8. Thus in all, compensation awarded by this Court are as below: Sl.No. Particulars Amount in Rs. 1 Pain and Suffering 75,000/- 2 Loss of Amenities 50,000/- 3 Towards transportation, extra nourishment and attendant charges 50,000/- 4 Loss of future earning capacity 15,12,000/- 5 Medical expenses 68,354/- 6 Future Medical expenses 20,000/- TOTAL 17,75,354/- 9. Hence, the appellant-claimant is entitled for a total compensation of Rs. 17,75,354/- along with interest at the rate of 6% p.a. from the date of petition till its realization. 10. In the result, the following order is passed: ORDER i. The appeal is allowed in part. - 7 - HC-KAR CNR: KAHC010292632017 NC: 2026:KHC:39844 MFA No. 3547 of 2017 ii. The judgment and award dated 05.08.2015 passed in MVC No.67/2014 on the file of the Senior Civil Judge & Member, MACT., Beluru is modified. iii. The appellant-claimant is entitled to a sum of Rs.17,75,364/- along with interest at the rate of 6% p.a., from the date of petition till the date of realization, instead of Rs.4,23,954/- granted by the Tribunal. iv. Respondent No.1/owner of the vehicle has not deposited any amount till today and is directed to deposit Rs.17,75,364/- along with interest at the rate of 6% p.a., within one month from the date of this order. v. On such deposit, appellant is permitted to withdraw the entire amount along with interest accrued on the same. Sd/- (P SREE SUDHA) JUDGE PSJ List No.: 1 Sl No.: 69